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In general, most experts agree that Separate Trusts can provide more asset protection. Joint Trust: Marital assets are all together in a single trust. This means theres less asset protection, because if theres ever a judgment over one of the spouses, all of the assets could end up being at risk.
All told, the decision to use a will or a trust is largely dependent on your life circumstances and where you live. As an example, Washington State has a nominal flat-rate probate fee and a relatively straightforward probate process, so using a trust solely to avoid the cost of probate may not be the best choice.
Do I Need a Living Trust in Washington? Living trusts can be an important part of your estate planning because they offer control that cannot be obtained through other avenues. Your living trust puts you in complete control of your assets during your life.
To qualify as a spousal trust, the beneficiary spouse must be entitled to receive all of the income earned in the trust during their lifetime. This means that your spouse must have a legal right to enforce payment of the income and no one can withhold it from them.
The Cons. While there are many benefits to putting your home in a trust, there are also a few disadvantages. For one, establishing a trust is time-consuming and can be expensive. The person establishing the trust must file additional legal paperwork and pay corresponding legal fees.
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Depending on state law, managing your marital estate in two separate trusts may offer better asset protection against creditors than joint trusts. Since the innocent spouses assets are in an entirely separate trust, creditors cannot gain access to the funds.
A spousal trust has a deemed disposition of its property on the death of the beneficiary spouse at the fair market value (FMV) of the property,[3] whereas a JP trust has a deemed disposition on the death of the last remaining spouse.
Trust-Based Estate Plan for Married Couples A trust is an estate planning tool that typically allows for a smooth and orderly transition of assets. With your belongings in a trust, you get a more robust approach to planning for the death of you and your spouse.
Joint Trust: Because all assets are inside one trust, sometimes Joint Trusts can make things simpler. While both spouses are living, each has equal control regarding the management of joint assets held in the Joint Trust.
A spousal trust created in your will can protect your spouses (and your childrens) eventual inheritance, while also ensuring your assets are distributed the way you had intended. We all have hopes for the way our assets will benefit our spouses and children after we die.

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